Gilliam v. Bertie County Board of Education et al
Filing
24
CONSENT PROTECTIVE ORDER - Signed by US Magistrate Judge Brian S. Meyers on 3/16/2021. (Sellers, N.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
No. 2:20-cv-16-D
MONA GILLIAM,
Plaintiff,
v.
BERTIE COUNTY BOARD OF
EDUCATION,
Defendants.
)
)
)
)
)
)
)
)
)
)
CONSENT PROTECTIVE ORDER
Plaintiff and Defendant, pursuant to Federal Rules of Civil Procedure 26(b) and 26(c),
anticipating in this case the disclosure to each other of personnel records and information and
medical and/or financial information in initial disclosures and in response to discovery requests
and recognizing that the private and confidential nature of certain personnel records and
information may be safeguarded pursuant to applicable state or federal laws and regulations,
hereby consent to disclose said documents and information upon the conditions set forth in this
Protective Order, which conditions are consented to by the parties.
IT IS THEREFORE ORDERED:
1.
That all records which are maintained by law or policy in the personnel files of
specific current and former employees of the Bertie County Board of Education or in the files of
applicants for positions with Bertie County Schools, which are provided to any party in the abovecaptioned case, shall be covered by the terms of this Order.
2.
That all medical and/or financial records of plaintiff, which are provided to any
party in the above-captioned case, shall be covered by the terms of this Order.
Case 2:20-cv-00016-D Document 24 Filed 03/16/21 Page 1 of 6
3.
That any party which provides documents subject to this Order shall label said
documents: “Confidential – Subject to Protective Order.” Each party retains the right to challenge
the confidential designation of any particular document and to have the Court determine its proper
designation. Notwithstanding the “confidential” designation, a party may redact certain sensitive
information within a particular document, such as social security numbers, dates of birth, financial
account information, etc. See Fed. R. Civ. P. 5.2. However, a party may not redact any information
regarding the name or identity of a potential witness, even if such witness is a minor, or other
legitimately discoverable information. The Protective Order’s sealing provisions shall be deemed
sufficient to protect any such confidential information.
4.
Parties seeking to file or maintain under seal any documents labeled “Confidential”
in accordance with the provisions of this Protective Order shall comply with the provisions of
LCvR 6.1. Local Civil Rule 79.2.
5.
Each time a party seeks to file under seal confidential documents, things, and/or
information, said party shall accompany the request with a motion to seal and a supporting
memorandum of law specifying (a) the exact documents, things, and/or information, or portions
thereof, for which filing under seal is requested; (b) where it is necessary for the court to determine
the source of the public’s right to access before a request to seal may be evaluated, whether any
such request to seal seeks to overcome the common law or the First Amendment presumption to
access; (c) the specific qualities of the material at issue which justify sealing such material, taking
into account the balance of competing interests in access; (d) the reasons why alternatives to
sealing are inadequate; and, (e) whether there is consent to the motion. Finally, in addition to the
motion and supporting memorandum, said party must set out such findings in a proposed order to
seal for the court.
2
Case 2:20-cv-00016-D Document 24 Filed 03/16/21 Page 2 of 6
6.
Except as may be otherwise provided by further order of the Court, protected
information and documents designated as confidential (“confidential documents”), as well as the
matters contained therein and extracts and summaries thereof, shall be used for no other purpose
than prosecuting or defending this action and shall be disclosed only to the persons identified in
paragraph 7.
7.
Except as provided in paragraph 8, access to or use of protected information or any
confidential documents, or any part thereof, as well as matters contained therein, shall be limited
to:
a.
The Court;
b.
The parties and their officers, employees, and agents who are providing
assistance to counsel in this action;
c.
The attorneys of record for the parties, their associates, assistants,
employees, and agents who are providing assistance to counsel in this action;
d.
Plaintiff in case matter
e.
Mediators;
f.
Consultants and experts involved in the preparation of the trial of this
g.
Court reporters, their transcribers, assistants, and employees;
h.
Any deponent or trial witness to the extent that it is necessary to tender to
action;
such witness a confidential document in order to elicit testimony relevant to the matters at issue in
this case; and
i.
Members of the jury to the extent that it is necessary for the jury to inspect
a confidential document.
3
Case 2:20-cv-00016-D Document 24 Filed 03/16/21 Page 3 of 6
8.
Absent a court order authorizing disclosure, no one subject to this Order shall make
public or disclose protected information or confidential documents to anyone other than the
persons listed in paragraph 7, provided that nothing herein shall preclude a witness, attorney, or
the Court from reading aloud or discussing the contents of a confidential document in open court
or at depositions. The terms of this Order shall apply to all persons listed in paragraph 7, and
counsel who grant any such person access to protected information or confidential documents shall
have an affirmative duty to furnish the person with a copy of this Order. Individuals permitted
access to protected information or confidential documents are hereby ordered not to convey or
otherwise reveal said information or documents – whether originals or copies, in whole or in part
– to anyone who would not otherwise have access to them under this Order.
9.
It is specifically agreed that making confidential materials or documents available
for inspection, and the production of confidential information, materials or documents shall not
constitute a waiver by the parties of any claim of confidentiality, and the production of such
information, materials or documents shall not be considered as an acknowledgment that the
information, materials or documents may be admissible into evidence at the trial of this action.
10.
Nothing in this Protective Order shall require disclosure of material which the
conveying party contends is protected from disclosure by the attorney-client privilege, materials
produced in anticipation of litigation, or as constituting attorney work product materials.
11.
This Protective Order shall not prevent any party from applying to the Court for
relief therefrom, or from applying to the Court for further or additional protective orders, or from
agreeing among themselves to modification of this Protective Order, subject to the approval of the
court.
4
Case 2:20-cv-00016-D Document 24 Filed 03/16/21 Page 4 of 6
12.
At the conclusion of this litigation, copies of confidential documents will be
retained by counsel in accordance with the Rules of the North Carolina State Bar. Following the
required period of retention, counsel shall either destroy or return to opposing counsel all
confidential documents or copies of confidential documents that have been produced subject to
this Protective Order. The ultimate disposition of protected materials shall be subject to a final
order of the Court upon completion of the litigation.
13.
Each party shall be responsible for its own mailing costs with regard to the return
of the documents provided pursuant to this agreement, or costs of destruction.
It is so ORDERED this 16th day of March, 2021.
___________________________________
Brian S. Meyers
United States Magistrate Judge
5
Case 2:20-cv-00016-D Document 24 Filed 03/16/21 Page 5 of 6
AGREED TO:
/s/ Colin Shive
THARRINGTON SMITH, L.L.P.
Colin Shive
N.C. State Bar No. 43202
150 Fayetteville Street, Suite 1800
Post Office Box 1151
Raleigh, North Carolina 27602-1151
Telephone: (919) 821-4711
Fax: (919) 829-1583
E-mail: cshive@tharringtonsmith.com
Attorney for the Bertie County Board of Education
/s/ Shayla C. Richberg
RICHBERG LAW, PLLC
Shayla C. Richberg
3326 Durham-Chapel Hill Blvd., B-120A
Durham, North Carolina 27707
Telephone: (919) 403-2444
Fax: (919) 869-1440
E-mail: defendme@richberglaw.com
Attorney for Plaintiff
6
Case 2:20-cv-00016-D Document 24 Filed 03/16/21 Page 6 of 6
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?